NANJIBHAI SARDARBHAI RAJAT Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) Rule. Learned Central Government Counsel Mr. Purvish Malkan waives service for respondents on the advance copy of this petition being served upon him.

(2.) The petitioner-Nanjibhai Sardarbhai Rajat joined the duty as Constable in the discipline force of B.S.F. in 1990. For attending marriage of his brother on 30.4.2003, he applied for leave from 26.4.2003 to 19.5.2003. Thereafter, he did not join duty for considerably long time. Therefore, by fax message dated 11.11.2003, he was asked to immediately report, failing which he was informed that his services will be terminated. Though served with two show cause notices, he did not join the duty. In stead, he preferred to get bogus medical certificate dated 28.1.12003 from ODMO-cum-Civil Surgeon, Panchmahals, Godhra (Annexure-E) that he was examined on 5.5.2003 as he was suffering from severe back ache and U.T.I. and, therefore he was advised rest from 5.5.2003 to 27.11.2003. He was physically fit to resume duty from 28.11.2003. By that time, the respondent authority has terminated his services by order dated 25.11.2003 (Annexure-C) for remaining absent from duty without leave and without sufficient cause for a very long period of more than 6 months. It was duly served to the petitioner on 16.12.2003.

(3.) Aggrieved by the order of dismissal from service, for the first time, on 11.7.2006 he made a representation (Annexure-A) and thereafter approached this Court by way of this petition in August, 2006 and moved this Court today for orders.